"False Lawyers" under investigation in Spain

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11 Dec 2015 6:59 PM by ads Star rating. 4135 posts Send private message

For all those compromised by " false" lawyers in Spain, the following was recently identified in an EOS blog.

http://www.eyeonspain.com/blogs/lawinspain/15642/several-false-lawyer-claims-are-under-investigation-in-spain.aspx

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"Several False Lawyer Claims are Under Investigation in Spain
10 December 2015 @ 18:17

 

According to a recent article featured in the newspaper ‘Expansión’, Spanish Bar Associations of Lawyers have filed several complaints with the courts against ‘false lawyers’ operating particularly in popular tourist areas, amidst fears that the reputation of the legal profession as a whole is at risk from the affect that these ‘imposers’ are having.

Lawyers report that in recent months there has been a significant increase in crimes against foreign nationals who are subject to fraudulent real estate transactions and receiving incorrect advice, mainly in Mediterranean tourist areas. According to the General Council of Spanish Lawyers (CGAE), it has detected irregular provision of legal services in the areas of Malaga, Marbella, Almeria, Murcia, Alicante and the Balearic Islands.

Manuel Almarcha, dean of the Bar Association of Lawyers of Orihuela, an area that has experienced rapidly expanding foreign investment in properties, explained to the newspaper that the problem for the group being represented is two- fold: on the one hand, work is taken away from accredited lawyers and, secondly, the consequences that entail in respect of the profession’s image when bad advice is given by someone who claims to be a lawyer when they are not. According to Almarcha, the Bar Association has already identified some cases and several complaints have been filed in the magistrate´s courts on the grounds of professional intrusion, cited under Article 403 of the Penal Code and punishable by fines and even imprisonment in certain cases.

The Spanish Lawyers’ Council  reiterates that those individuals listed as ‘not practicing’ are excluded from the legal profession as well as those that, despite offering their services  and using a legal name with all its legal connotations, do not have the regulated required professional capacity to act as such, as they are not enrolled with the Association of Spanish lawyers.

Always be sure to check whether the ‘lawyer’ you use is a genuine member of the Bar Association, local to where they are practicing.

We at Abad welcome this checking procedure as it does not only allow our clients to feel confident in using our services, but it also gives a good impression of the Spanish legal profession in general."

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For this to be effective, the Bar Association(s) details for various regions need to be made fully transparent for potential purchasers to know

1) how to check if a lawyer is enrolled with a Bar Association

2) Where to send their complaint.

Further contact details of the various Bar Associations would therefore be very much appreciated.

Many thanks in anticipation. smiley

 

 

 

 





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14 Dec 2015 12:55 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Good that Bar Associations and General Council of Lawyers are active towards illegal activities of these false professionals.

Congrats!

I would also encourage them to further control and punishment towards members. We all win with this.

 


This message was last edited by mariadecastro on 14/12/2015.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Dec 2015 1:35 PM by ads Star rating. 4135 posts Send private message

Agreed Maria, but do you have contact details of the Bar Associations by region, so that people know who to contact when wishing to place a complaint?

Would a complaint to the Bar Association be made by individuals, or to be accredited as a legitimate complaint would the complaint procedure need to be done via a reputable law firm?





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14 Dec 2015 2:52 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Dear Ads:

I can of course provide addresses of al requested  Bar Associations in Spain. Any individual, no needing any law firm/lawyer for this, can approach them.

You can also contact the General Council of Lawyers in Madrid



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Dec 2015 5:42 PM by ads Star rating. 4135 posts Send private message

Thank you Maria.

For those wanting specific details I found this:

English version:

https://translate.google.co.uk/translate?hl=en&sl=es&u=https://www.hg.org/bar-associations-spain.asp&prev=search

Spanish version:

https://www.hg.org/bar-associations-spain.asp

 

 





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15 Dec 2015 1:30 AM by ads Star rating. 4135 posts Send private message

Dear Maria

To your knowledge is anything currently being done by the Bar Associations to also address complaints against law firms (still practicing) who so badly compromised offplan purchasers by their failure of due diligence, lack of independence and irreprehensible failures to ensure that individual LEGAL BG's and secure Bank accounts were made available according to existing law 57/68, and then continued to obstruct by significantly delaying provision of financial details and/or handover of case files required to take timely legal action against Banks (i.e. identify Bank accounts where purchasers' monies were transferred) and/or wrongly advise clients that there was no legal case to answer by the Banks?

Are the Bar Associations aware of the significant detrimental impact on innocent offplan purchasers (given the lengthy timeframes now associated with subsequent claims against the Banks) and how these grossly negligent actions subsequently impacted purchasers' ability to gain timely return of their monies by denying them the inalienable right to enact BG's at the point of developer breach?

 


This message was last edited by ads on 15/12/2015.



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